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Lassiter v. Department of Social Services
In Lassiter, the Court begins with the presumption that there is no right to appointed counsel in cases in which the person faces no danger of losing physical liberty (incarceration). Note that in a case you will read later in the semester, Turner v. Rogers, the court abandons the distinction it uses here (cases involving physical liberty versus those that do not). For now, take the Lassiter opinion seriously. According to the court, the next step is to “balance these elements [of the three-factor Mathews approach] against each other, and then set their net weight in the scales against the presumption.”
Take a careful look at how the Court applies the Mathews test in Lassiter. How is the government’s interest in Lassiter different (and similar) to that in Mathews? Which element does the holding ultimately hinge on?
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